Guest & Viviano Sheet Metal Works, Inc. v. Hardouin

WESTEREIELD, J. ■

This is a suit for $150, the balance alleged to be due on the purchase price of a hot air heating system, which was installed in defendant’s residence. The suit is defended upon the ground that the heating system was defective, in that it smoked.

There was judgment below in defendant’s favor as prayed for, dismissing plaintiff’s suit. Plaintiff has appealed.

The sole question presented for our determination is one of fact: Whether the heating system sold defendant was affected with a redhibitory vice; in other words, did it smoke to the extent that its use would be accompanied…